Commanders need authority to deal with misconduct Published Sept. 6, 2013 By Maj. Theodore Richard 71st Flying Training Wing Staff Judge Advocate VANCE AIR FORCE BASE, Okla. -- The two courts-martial held in August at Vance Air Force Base tell us many things. First, Vance AFB is not immune from sexual misconduct or criminal behavior. Second, the American military justice system is working. People accused of crimes, like sexual assault, are due a vigorous defense. There was no rush to judgment. Rather, there was a thorough and complete investigation. The accused had counsel to ensure their Constitutional rights were protected. There was no predetermined outcome of either case. The facts specific to each situation were considered by a military judge who determined an appropriate sentence. The cases are still subject to further scrutiny to ensure the punishments are appropriate and legally sufficient. The charges in these cases were officially "preferred" and "referred" to courts-martial by commanders. A commander will also ultimately approve of the final action in each. Some critics complain that commanders should not have a role in military justice, or at least should not be involved in sexual assault prosecutions. Currently, commanders take action in military criminal cases and decide to convene courts. When I first learned of the military justice system, I sympathized with this critical view. As a law student intern in the Green Bay, Wis., prosecutor's office, I had more authority to file criminal charges or dispose of them than I do now as a Staff Judge Advocate. In the military, however, commanders are always accountable for everything that falls under the responsibilities of their command. Retired Air Force Gen. Stephen Lorenz once echoed a Wall Street Journal editorial about a Navy commander who was held accountable for a collision at sea after unintentionally giving a faulty order. "It is cruel, this accountability of good and well-intentioned men," he said. Basically, commanders set the tone and direction for their units, and are held to account for the direction they set. In order for commanders to be held accountable for good order and discipline within their organizations, they must have authority to take action. The combination of accountability and authority not only ensures mission accomplishment, but it is what makes the military the most trusted public entity in the United States. If military justice authority is stripped of commanders, will they still be responsible for it? Will they still be accountable for good order and discipline which they would no longer control? Commanders have the authority to deal with these matters and do so appropriately. Judge Advocates exist as stewards of the military justice system; ensuring fairness and due process throughout. Discipline requires justice, and justice can never be inflexible or arbitrary. In the military setting where missions must be accomplished and discipline must be maintained, commanders must have the authority to deal with the full spectrum of misconduct from minor infractions to major crimes. Judge Advocates facilitate this process, but commanders are ultimately responsible for dealing with these issues. This responsibility brings with it accountability, which at times can seem cruel, but is necessary for the continued success of our American armed forces.